Business Law
Autor: christb3004 • October 14, 2014 • Essay • 2,417 Words (10 Pages) • 957 Views
You own a small business called Green Coffee, a small coffee shop in Boston. Your coffee supplier, Java Distributors, is required under a written contract with you to deliver 500 pounds of coffee per week to the shop. The deliveries are to be made each Monday morning
A)
A contract is defined as: “a promise or a set of promises for the breach of which the law gives remedy or the performance of which the law in some way recognizes a duty”.
In this case the parties are myself, the business owner of “Green Coffee” and my coffee supplier “Java Distributors”. We have a contract, which states that “Java Distributors” are required to deliver 500 pounds of coffee to my shop Monday morning each week, and in return they will get paid.
Since parties give each other a promise, it is a bilateral contract, where the coffee distributor supplies me with coffee as long as I’m paying him, and I pay him as long as I get the 500 pounds of coffee we have agreed on. (I also assume that 500 pounds of coffee has a cost over $500.)
For the contract to be valid there are four elements that are required to be fulfilled for the contract to be valid, these are: Acceptance, Consideration, Contractual Capacity and Legal Object.
Acceptance: Before there can be an acceptance there must be an offer, in this case the offer is that “Java Distributors” have offered to deliver 500 pounds of coffee to my coffee shop by Monday morning each week and in return they will get paid. I have accepted this offer and both parties have signed a contract.
Consideration: both parties of the agreement know what they get in return for their promise under the contract. I get my coffee and “Java Distributors” get money in return.
Contractual Capacity: For Contractual Capacity to be fulfilled both parties has to have the mental and physical ability to understand their rights and obligations under the contract, and therefore will comply with the terms of the agreement.
There is nothing in the given information that indicates that any of the parties in the agreement is suffering from mental disorder or that anyone where intoxicated when the contract was written. And as far as I know none of the parties is underage.
Legal Object: for the contract to be enforceable it must contain a legal subject matter. This wont be a problem in this case since both buying and selling coffee is legal
Conclusion: All steps are fulfilled, which means that the contract is legally binding.
This case is clearly a breach of contract, the two parties have made a contract that clearly is saying that “Java Distributors” are supposed to deliver 500 pounds of coffee every Monday morning. So when “Java Distributors” fails to deliver the coffee they are breaking their promise. With the breach of the contract “Green Coffee” have a couple of different
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